Abstract
| Páginas | 237-238 |
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MIGRANTS AND BORDER WORKERS: APPLICATIVE CIRCLES IN THE TRANSNATIONAL
MOVEMENTS. Antonio Ojeda Avilés.
Abstract: In recent years, the phenomenon of posted workers has had a spectac-
ular increase in Europe, due to better possibilities of traveling within the Union,
which makes it much easier for a company to opt for subcontracting works or
services in another country and, if they win them, move their workers there with
part of their working conditions according to the country of origin, and others
according to the country of reception. To which is added the entry of numerous
Eastern European countries during the “great accession”. The central point of its
regulation (Directive 96/71/CE) was found in the concept of the minimum wage
of the host country that said displaced persons had to receive. Directive 2018/957
has ended up equalizing this remuneration with that received by national work-
ers of the host country, which has provoked appeals from Hungary and Poland
for making the posting of workers more difficult or less attractive. On the other
hand, the difficulties of conceptual delimitation between these displaced work-
ers and other contractual types such as migrants and border workers are added
to other difficulties related to fraud, such as the existence of letterbox compa-
nies or the circumvention of time limits in supply chains.
Keywords: Increase of posted workers, Legal regime of posted workers, Mail-
box companies, Directive UE 2018/957, abuses and frauds in movements, Less
attractive approach, Weight interests, Movements and ETT, Subcontracts and
displaced workers, Groups of companies and displaced.
ALGORITHMS AND COLLECTIVE BARGAINING. Laura María Melián Chinea.
Abstract: As artificial intelligence advances, the number of digital platforms is
growing. The application of a greater number of labor algorithms of a predictive
nature is increasing. Automated decisions put in crisis not only certain funda-
mental rights of workers, but also the function of collective autonomy. It produc-
es a dehumanization of labor that deteriorates the democratic system of labor
relations. This paper not only studies the applicable normative framework, as
well as the various judicial pronouncements on the subject. Moreover, the work
incorporates normative proposals with the aim of configuring a dialogue proce-
dure that is more protective of the rights of workers in the face of the challenges
presented by the digital era.
Keywords: digital platforms, automated decisions, labor algorithms, working
conditions, collective bargaining.
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